TERMS AND CONDITIONS

Introduction:

Welcome to the Jamieson & Carry Portfolio of Fine Diamonds website (the "website"). The following terms and conditions govern your access to and use of the website. Please read them carefully. By continuing to use this website, you agree to be bound by these Terms and Conditions of use. If you do not agree to be bound by these Terms and Conditions, please immediately exit the website.

Portfolio of Fine Diamonds reserves the right to amend these Terms and Conditions or any policy or guideline outlined on the website. If we make any changes, we will amend our Terms and Conditions on this website and any such amendment will be effective immediately following the posting of the changes on the website. Please periodically refer to the Terms and Conditions on the website in order that you are aware of any amendments which have been made by us. If you do not wish to be bound by the revised Terms and Conditions, please immediately exit the website.

"Working Days" means all days other than a Saturday, Sunday and any statutory or public holidays in Sc.

Product Details and Information on Our Website

The products on this website are not shown to actual size nor are the images binding as to detail. Due to photography techniques and screen defaults, some products may appear larger or smaller than their actual size. Other products may be shown larger than their actual size so that details can be clearly viewed by you. In terms of proportion, we aim to keep each image as accurate as possible.

We make every effort to ensure that all information on this website is totally accurate. If any errors appear, we will correct them as soon as possible. We regret that in the very unlikely possibility that errors appear in either product descriptions or product details, it will not be possible for us to honour the incorrect information.

Privacy Policy

The security and privacy of our clients' and their personal information is of prime importance to us. This page has been created to inform you of the information we need to collect, why we need to collect such information and how we use the information we collect.

You can browse http://jamieson-carry.portfoliooffinediamonds.com without the need to tell us who you are or without revealing any personally identifiable information. Personally identifiable information is any piece of information which can be used to uniquely identify, contact, or locate a single person. This includes, but is not limited to a person's full name (if not common), home, billing or other physical address, e-mail address, telephone number or other contact details, credit card numbers and expiration dates.

We are the sole owner of the information collected on our website. We may retain personally identifiable information for accounting purposes and general record keeping. Clients can opt to deactivate their account and have their details removed from our database by sending an email to enquiries@jamieson-carry.com.

We monitor the traffic throughout the website and we only use this information to compile overall statistics for our own purposes. The information we track includes IP Address, DNS Name, Browser Type, Page Views, Operating System and Time-stamps. This information is used by us to improve the usability, performance and effectiveness of our website and is not disclosed to any third parties unless we are required to do so by law.

If your personally identifiable information changes or you would like to revise this information on our database, please e-mail your request of change/update of details to enquiries@jamieson-carry.com or call us on 01224 641 219.

This website may provide links to other third party sites which are not under our control. We are not responsible for the practices, content or availability of any such websites. A link does not imply endorsement of, sponsorship of, or any affiliation with the linked site. We provide the link as a convenience only. If you decide to access linked third party websites, you do so at your own risk and we will not be held responsible or liable for any loss or damage caused by the use of or reliance on any third party websites.

We may be required to share personally identifiable information, and any other information available to us in order to investigate or prevent, or take action with regard to illegal activity or suspected fraud.

Price Policy

All of our prices are in British Pounds and include Value Added Tax. Please note that our prices are subject to change without notice.

We make every effort to ensure that all information on the website is completely accurate. If any errors appear, we will correct them as soon as possible. We regret that in the very unlikely possibility that errors appear in prices, it will not be possible to honour mistaken information. If a product is shown at a price lower than its actual price, we will at our discretion cancel the order and inform you of the cancellation or contact you for further instructions. We may offer the option to pay the difference between the lower price and the actual price. We may arrange for a substitute item of the correct price to be supplied to you. You are of course entitled to reject this substitute item in which case we will arrange to refund the purchase price to you as soon as possible.

Product Availability

Due to the volume of orders and the fact that each of our diamond creations is unique, an item can go out of stock before we are able to post notification on our website.

Some of our diamond rings are limited in the number of sizes to which they can be adjusted. In the event that the ring cannot be sized to the correct size, we may need to manufacture a new ring for you. It may be necessary to source a new diamond to ensure we can fulfill the order and meet your requirements. We will keep you informed if this is the case and update you. We will endeavour to keep the characteristics of the diamond in the replacement ring as close to the original as possible but reserve the right to substitute a diamond of equivalent monetary value to the original. You may be required to pay an additional amount to fulfill any order that is placed in this way. Similarly we will refund any difference if the substitute ring is of lower monetary value than the original.

Diamond Certificates

Each diamond ring, engagement ring and piece of diamond jewellery on the website is accompanied by a diamond certificate issued by one of the leading international diamond laboratories including GIA, HRD, IGI, AnchorCert by the Birmingham Assay Office, GemA, Precious Stone Laboratory, BGI and ASL amongst others. These diamond grading reports are detailed documents created by independent diamond experts from each of the respective laboratories.

Policy on Conflict Diamonds

We are aware of the situation regarding "Conflict Diamonds" and are fully complying with the directions that our industry has put in place to prevent this trade. We are gratified that all countries with significant involvement in the Diamond Trade and the leading industry associations have co-operated in creating a global system to combat the traffic in conflict diamonds. As retailers, we will do everything we can to make the new system effective.

The complimentary safeguards adopted by governments and by the industry mean that the diamond supply chain will be protected as never before from the trade in conflict diamonds. Customers can be confident that concrete, comprehensive measures are being taken to assure that diamonds offered for sale are "Conflict Free".

With effect from 1 January 2003, the UK Government is following clear official guidelines. They bar the importation of shipments of rough diamonds that lack appropriate government certification from the exporting country or that come from nations that fail to subscribe to the new international agreement known as the Kimberley Process Certification Scheme.

The most important contribution we can make within our industry is to deal only with trade suppliers of diamonds and diamond jewellery that comply with the programme of self-regulation. We fully adhere to that policy.

We have notified our trade suppliers of diamonds and diamond jewellery that merchandise we buy derived from rough diamonds mined after 31st December 2002 is to be accompanied by a warranty in the form approved by the International Diamond Manufacturers Association and the World Federation of Diamond Bourses. This warranty assures us that the supplier vouches for the legitimacy of the merchandise and that the supplier, in turn, has required the same warranty from their source of merchandise.

Following the recommendations of industry leaders, we have retained for inspection the warranties accompanying our purchases of diamonds and diamond jewellery.

Liability

a) Nothing in these Terms and Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our employees or agents.

b) We shall be under no liability to you for any loss, costs, expenses, damage or other claims in respect of any defect in any product purchased arising from your willful damage, neglect or failure to follow verbal or written instruction, any misuse or alteration of the product by you without our prior approval or arising from any information supplied by you which is incomplete, inaccurate, illegible, out of sequence or in the wrong form.

c) We do not give any warranty or guarantee as to the accuracy or otherwise of information supplied to us by third party suppliers and shall have no liability to you for any losses arising as a result thereof.

d) We shall have no liability for any loss of profit or for any indirect, special or consequential loss of damage, costs, expenses or other claims for compensation whatsoever arising out of or in connection with the supply or non-supply of the Products (including any delay in supplying the Products) or their use or resale by you.

Intellectual Property and Copyright

You may not print, copy, reproduce, download, re-publish, broadcast, transmit, display, modify or re-use the contents or material on this website for anything other than personal, non-commercial use. For the avoidance of doubt you are only permitted to print, copy, reproduce, download, re-publish, broadcast, transmit, display, modify or re-use the contents or material on this website for the purposes of ordering products from this website or from our store.

All copyright, trademarks and any other intellectual property rights in this website and its content (subject to the rights of any third party) are owned by or licensed to John H. Lunn (Jewellers) Limited or otherwise used by us as permitted by law.

Limitations of Use

You may not use this website for any unlawful or unauthorised purpose, including without limitation;

- distributing any unlawful, libelous, abusive, threatening, harmful, obscene or otherwise objectionable material; - transmitting material that constitutes a criminal offence, results in civil liability or otherwise breaches any laws, regulations or codes of practice; - interfering with any other persons access, use of or enjoyment of the website; - damaging, disabling or impairing the operation of this website or attempting to gain unauthorised access to the website or to networks connected to it, through hacking, spoofing or other such similar means.

Termination

We reserve the right to remove you as a user of the website and/or prevent any further use in the event that you violate any of these Terms and Conditions. If we consider there to be a risk of liability or loss to us, we may take any action deemed necessary to prevent such a liability or loss from occurring.

Indemnity

You must indemnify and hold us harmless or any of our partners, employees or agents against all loss, actions, proceedings, costs, expenses (including legal fees), claims and damages arising from your access to and use of this website.

Enforceability

If any part of these Terms and Conditions are deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any of the remaining provisions of these Terms and Conditions.

Governing Law

These Terms and Conditions, privacy policy and any other matter relating to this website shall be governed by Scottish Law and shall be subject to the exclusive jurisdiction of the Scottish Courts.